Connect with us

Local

Defense calls for new trial in Marine murder case

Judge postpones sentencing of ex-Marine who used anti-gay slur in stabbing

Published

on

Marine Barracks, gay news, Washington Blade

Witnesses said Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks. (Washington Blade file photo by Michael Key)

A D.C. Superior Court judge has postponed the sentencing of a former U.S.Ā Marine convicted in December of voluntary manslaughter for the April 2012 stabbing death of a fellow Marine following an altercation in which he reportedly called the victim an anti-gay name.

The postponement of the sentencing set for Feb. 7 came after Judge Russell Canan agreed to a request by defense attorney Bernard Grimm for more time to prepare a motion to request a new trial for his client, 22-year-old former Pfc. Michael Poth.

According to court records, Canan gave Grimm until March 24 to file his motion, known as a Rule 33 Motion, for a new trial. Canan directed prosecutors with the U.S. Attorneyā€™s office to file a response to the defense motion by April 21.

It couldnā€™t immediately be determined whether Grimm, who represented Poth during the trial, cited a reason for seeking a new trial rather than appealing the conviction before the D.C. Court of Appeals.

A Superior Court jury found Poth guilty of voluntary manslaughter on Dec. 2 following a 9-day trial. The jury found him not guilty of a more serious charge of second-degree murder while armed.

Poth has been held in jail since his arrest on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks.

Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, stated at a pre-trial hearing last year that the stabbing appeared to be a hate crime. But the government never formally classified the case as a hate crime. Had it done so, the judge would have had an option of handing down a more severe sentence.

Liebman argued during the trial that Poth called Bushong a faggot when the two crossed paths on the street outside a bar on 8th Street near the barracks with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab him.

He said the hurling of the anti-gay slur took place a short time after Bushong called Poth a ā€œboot,ā€ a term used by Marines to describe a new recruit thatā€™s considered an insult. Liebman argued that the ā€œbootā€ remark angered Poth to such a degree that he made plans to track down Bushong after the two initially went their separate ways with the intent to stab him and kill him.

Grimm argued that Poth stabbed Bushong in self-defense after Bushong, who was taller and heavier than Poth, walked toward him with a friend and pulled back his arm with a clinched fist in an attempt to assault him.

The D.C. group Gays and Lesbians Opposing Violence planned to submit a victims impact statement to the judge at the time of the sentencing describing how Pothā€™s use of an anti-gay slur immediately prior to the fatal stabbing had a negative impact on the LGBT community, according to GLOV co-chair Hassan Naveed.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference studentā€™s trans identity is irrelevant to criminal charge

Published

on

(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery CountyĀ PoliceĀ identified the arrested student as ā€œAndrea Ye, of Rockville, whose preferred name is Alex Ye.ā€

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Yeā€™s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about asĀ aĀ character in a 129-page manifesto outlining plans for a schoolĀ shooting. Police have said Ye told them theĀ manifestoĀ was a fictional story he planned to publish. Ā 

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a ā€œbiological female.ā€

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to ā€œadmit that this individual was transgender.ā€

ā€œBecause itā€™s not a lead,ā€ Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is ā€œa white Christian male whoā€™s heterosexual.ā€ Elrich stated, ā€œNo, you donā€™t ā€“ You never publish somebodyā€™s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. Itā€™s not a news story. It is not a crime to  be transgender.ā€

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Yeā€™s manifestoĀ appearingĀ to make threats of a mass school shooting.

ā€œNow, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,ā€ Jones said. ā€œI commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,ā€ he told the gathering.

ā€œThanks to their swift action and cooperation a potentially catastrophic event was prevented,ā€ Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

ā€œBut this case is different,ā€ Jones said. ā€œThis case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspectā€™sĀ manifestoĀ to the authorities. This underscores the value of community engagement and the ā€˜see something say somethingā€™ approach,ā€ he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

Continue Reading

Maryland

Rockville teen charged with plotting school shooting after FBI finds ā€˜manifestoā€™

Alex Ye charged with threats of mass violence

Published

on

Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

Continue Reading

District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ā€˜all-inclusive entertainment haven,ā€™ with dance floor, roof deck

Published

on

Crush (Washington Blade photo by Michael Key)

D.C.ā€™s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the cityā€™s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends ā€œnostalgia with contemporary nightlifeā€ in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the cityā€™s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayorā€™s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the barā€™s employees become settled into their newly opened operations.

ā€œStep into a venue where inclusivity isnā€™t just a promise but a vibrant reality,ā€ a statement posted on the Crush website says. ā€œImagine an all-inclusive entertainment haven where diversity isnā€™t just celebrated, itā€™s embraced as the very heartbeat of our venue,ā€ the statement says. ā€œWelcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.ā€

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular